LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff-Appellee, Cross-Appellant,
v.
S-W INDUSTRIES, INC., Defendant-Appellant, Cross-Appellee,
Aetna Casualty & Surety Company; Employers' Liability Assurance Corporation, Ltd.; The Travelers Insurance Company; American Home Assurance Company; National Union Fire Insurance Company; Youell & Companies; J.F. Green & Others; H.S. Weavers Agencies, Ltd.; Underwriters at Lloyds, London, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued October 4, 1993.
Decided October 25, 1994.
Rehearing Denied December 16, 1994.
Attorney(s) appearing for the Case
Michael E. Brittain (argued and briefed), Richard J. Cusick, Mark Yacano, Calfee, Halter & Griswold, Cleveland, OH, for Lumbermens Mut. Cas. Co.
James R. Jeffery, Teresa L. Grigsby, Spengler, Nathanson, Heyman, McCarthy & Durfee, Toledo, OH, Mark E. Klein, A. Thomas Southwick, Anderson, Kill, Olick & Oshinsky, Thomas H. Sear (argued and briefed), Jones, Day, Reavis & Pogue, New York City, for S-W Industries, Inc.
Irene C. Keyse-Walker (argued and briefed), Hugh M. Stanley, Jr., Arter & Hadden, Wayne J. Belock, Licata & Crosby, Cleveland, OH, for Aetna Cas. & Sur. Co.
Edwin A. Coy (argued and briefed), Robison, Curphey & O'Connell, Toledo, OH, for Employers' Liability Assur. Corp., Ltd.
Richard M. Kerger, Marshall & Melhorn, Toledo, OH, Susan Simms (briefed), Simpson, Thacher & Bartlett, Columbus, OH, Barry R. Ostrager (argued), Simpson, Thacher & Bartlett, New York City, for The Travelers Ins. Co.
David L. Lester (briefed), Janik, Lester & Dunn, Cleveland, OH, for American Home Assur. Co. and Nat. Union Fire Ins. Co.
Stanley H. Solomon, New York City, Rex D. Fiske (briefed), Schell & Schaefer, Toledo, OH, for Youell & Companies.
Stephen A. Schaefer (argued and briefed), Schell & Schaefer, Toledo, OH, for J.F. Green and others and Underwriters at Lloyds, London.
David Ross (briefed), Clifford C. Masch, Reminger & Reminger, Cleveland, OH, for H.S. Weavers Agencies, Ltd.
Before: RYAN and SUHRHEINRICH, Circuit Judges; and JOINER, District Judge.
United States Court of Appeals, Sixth Circuit.
SUHRHEINRICH, J., delivered the opinion of the court. RYAN, J. (pp. 1337-38), and JOINER, D.J. (pp. 1338-39), delivered separate opinions concurring in part and dissenting in part.
AMENDED OPINION
SUHRHEINRICH, Circuit Judge.
Lumbermens Mutual Casualty Company (Lumbermens) filed suit seeking a declaratory judgment as to its obligations under certain insurance policies issued to S-W Industries, Inc. (S-W). Because they also had issued various policies...
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